Title 31, Chapter 7, Section 250
As used in this article, the term:
(1) "Conviction" means a finding or verdict of guilty or a plea of
guilty regardless of whether an appeal of the conviction has been
(2) "Crime" means a violation of Code Section 16-5-21, relating to aggravated assault; a violation of Code Section 16-5-24, relating to aggravated battery; a violation of Code Section 16-6-1, relating to rape; a violation of Code Section 16-8-2, relating to theft by taking; a violation of Code Section 16-8-3, relating to theft by deception; a violation of Code Section 16-8-4, relating to theft by conversion; a violation of Code Section 16-9-1 or 16-9-2, relating to forgery in the first and second degree, respectively; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; a violation of Code Section 16-8-40, relating to robbery; a violation of Code Section 16-8-41, relating to armed robbery; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.
(3) "Criminal record" means:
(A) Conviction of a crime;
(B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge;
(ii) First offender treatment without adjudication of guilt
pursuant to the charge was granted; or
(iii) Adjudication or sentence was otherwise withheld or not
entered on the charge; or
(C) Arrest and being charged for a crime if the charge is
pending, unless the time for prosecuting such crime has expired
pursuant to Chapter 3 of Title 17.
(4) "Director" means the chief administrative or executive officer
or manager of a facility.
(5) "Employee" means any person, other than a director, employed
by a personal care home to perform at any facilities of the
personal care home any duties which involve personal contact
between that person and any paying resident of the personal care
(6) "Facility" means real property of a personal care home where
(7) "Fingerprint records check determination" means a satisfactory
or unsatisfactory determination by the department based upon a
records check comparison of GCIC information with fingerprints and
other information in a records check application.
(8) "GCIC" means the Georgia Crime Information Center established
under Article 2 of Chapter 3 of Title 35.
(9) "GCIC information" means criminal history record information as defined in Code Section 35-3-30.
(10) "License" means the permit or document issued by the
department to authorize the personal care home to which it is
issued to operate a facility under this chapter.
(11) "Personal care home" or "home" means a home required to be licensed or permitted under Code Section 31-7-12.
(12) "Preliminary records check application" means an application
for a preliminary records check determination on forms provided by
(13) "Preliminary records check determination" means a
satisfactory or unsatisfactory determination by the department
based only upon a comparison of GCIC information with other than
fingerprint information regarding the person upon whom the records
check is being performed.
(14) "Records check application" means two sets of classifiable
fingerprints, a records search fee to be established by the
department by rule and regulation, payable in such form as the
department may direct to cover the cost of a fingerprint records
check under this article, and an affidavit by the applicant
disclosing the nature and date of any arrest, charge, or
conviction of the applicant for the violation of any law, except
for motor vehicle parking violations, whether or not the violation
occurred in this state, and such additional information as the
department may require.
(15) "Regular license" means a permit which will remain in effect
for the home, until and unless the facility ceases to operate or
revocation proceedings are commenced.
(16) "Satisfactory determination" means a written determination
that a person for whom a records check was performed was found to
have no criminal record.
(17) "Temporary license" means a provisional permit which expires
six months or 12 months from the date of issuance, unless extended
for good cause by the department.
(18) "Unsatisfactory determination" means a written determination
that a person for whom a records check was performed has a